Terms of Service

By accessing or using any services provided by Whistle Technologies ("Whistle," "we," "us," or "our"), including the Whistle platform, APIs, web applications, mobile applications, desktop applications, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" or "Customer" refer to that organization.

If you do not agree to these Terms, you must not access or use the Services. We may update these Terms from time to time in accordance with Section 16 below.

"Account" means the account you create to access and use the Services.

"Authorized Users" means individuals authorized by you to use the Services under your Account, including employees, contractors, and agents.

"Customer Data" means all data, content, recordings, messages, files, and other information that you or your Authorized Users submit, upload, transmit, or store through the Services.

"Documentation" means the technical documentation, user guides, and API references made available by Whistle describing the features, functionality, and use of the Services.

"End Users" means individuals who interact with you or your Authorized Users through the Services, such as callers, message recipients, and chat participants.

"Subscription Plan" means the specific tier of Services you have selected, as described on our pricing page or in an applicable order form.

"Tenant" means the organizational unit created within the Services for your Account, within which your Authorized Users, data, and configurations are isolated.

Whistle provides a unified communications platform that may include, depending on your Subscription Plan, some or all of the following capabilities:

Voice Services. Internet-based voice calling (VoIP), public switched telephone network (PSTN) connectivity, call routing, interactive voice response (IVR), call recording, voicemail, and related telephony features.

Messaging Services. Short message service (SMS), multimedia messaging service (MMS), web-based chat, and integration with third-party messaging platforms such as WhatsApp Business, where available and subject to the applicable platform's own terms and policies.

AI-Powered Features. Call transcription, call summarization, sentiment analysis, intelligent call routing, AI-assisted responses, and other artificial intelligence capabilities. AI features consume usage units as described in your Subscription Plan.

Administrative Tools. Dashboards, analytics, user management, device provisioning, contact management, and integration capabilities.

Client Applications. Web application, mobile applications (iOS and Android), and desktop application for accessing the Services.

Whistle reserves the right to modify, update, or discontinue features of the Services at any time. We will provide reasonable notice of material changes that reduce the core functionality of your Subscription Plan. Certain features may be available only on specific Subscription Plans, as described in our pricing documentation.

Account Creation. To use the Services, you must create an Account and provide accurate, complete, and current registration information. You agree to update your Account information promptly if it changes.

Account Security. You are responsible for maintaining the confidentiality of your Account credentials, including passwords and multi-factor authentication devices. You are responsible for all activities that occur under your Account or by your Authorized Users. You must notify us immediately at security@getwhistle.ai if you become aware of any unauthorized use of your Account.

Multi-Factor Authentication. Whistle may require multi-factor authentication for administrative roles. You agree to comply with any authentication requirements we implement to protect Account security.

Account Administrator. The individual who creates the Account or is designated as the account administrator has the authority to manage Authorized Users, assign roles, and configure the Services on your behalf. You are responsible for ensuring that your account administrator acts within the scope of their authority.

Authorized Users. You are responsible for ensuring that your Authorized Users comply with these Terms. Any breach of these Terms by an Authorized User is deemed a breach by you.

You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. Without limiting the foregoing, you agree not to:

Illegal Activity. Use the Services for any purpose that violates applicable local, provincial, federal, or international law, including but not limited to laws governing telecommunications, data protection, privacy, anti-spam, consumer protection, and export controls.

Unauthorized Communications. Send unsolicited bulk communications, including spam calls, spam text messages, or robocalls, in violation of applicable telecommunications regulations such as Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), or equivalent laws in your jurisdiction.

Fraud and Abuse. Use the Services to engage in telecommunications fraud, toll fraud, traffic pumping, caller ID spoofing for deceptive purposes, or any scheme designed to generate artificial or fraudulent traffic.

Harmful Content. Transmit content that is defamatory, harassing, threatening, obscene, or that infringes on the intellectual property rights of any third party.

System Interference. Attempt to gain unauthorized access to the Services, other Accounts, or any systems or networks connected to the Services. You may not probe, scan, or test the vulnerability of any system without prior written authorization.

Resale. Resell the Services to third parties without a written reseller or partner agreement with Whistle.

Regulatory Compliance. You are responsible for ensuring that your use of the Services complies with all applicable telecommunications regulations in the jurisdictions where you operate, including number registration, caller identification, emergency services, and data retention requirements.

Whistle reserves the right to suspend or terminate your access to the Services if we reasonably determine that you have violated this Acceptable Use section, or if your use poses a risk to the security, integrity, or availability of the Services or other customers.

Subscription Plans. The Services are offered under various Subscription Plans with differing features, usage limits, and pricing. Your Subscription Plan determines the fees applicable to your use of the Services. Current pricing is available on our website or in your applicable order form.

Month-to-Month Billing. Unless otherwise specified in a written agreement, all Subscription Plans are billed on a month-to-month basis. No long-term contracts are required. You may cancel your Subscription Plan at any time with thirty (30) days' written notice. Cancellation takes effect at the end of the current billing period.

Usage-Based Charges. Certain Services incur usage-based charges in addition to your Subscription Plan fee, including per-minute calling charges, per-message charges, AI unit consumption, add-on subscriptions, and additional user seats. Usage-based charges are billed monthly in arrears.

Payment Methods. You agree to provide a valid payment method and to keep your payment information current. Whistle may use third-party payment processors to handle transactions. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

Taxes and Surcharges. All fees are exclusive of applicable taxes, regulatory surcharges, and telecommunications fees. You are responsible for paying all such charges.

Late Payment. If any payment is not received by the due date, Whistle may charge interest on the overdue amount at the lesser of 1.5% per month or the maximum rate permitted by law. Whistle may also suspend access to the Services if payment remains overdue after written notice and a reasonable cure period.

Fee Changes. Whistle may change its pricing with at least thirty (30) days' prior written notice. Continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing. If you do not agree to a price change, you may cancel your Subscription Plan before the new pricing takes effect.

Refunds. Prepaid fees are non-refundable except where required by applicable law. If Whistle terminates your Account without cause before the end of a paid period, we will provide a pro-rata refund of prepaid fees for the unused portion of that period.

AI Processing. Whistle offers AI-powered features including call transcription, summarization, sentiment analysis, and intelligent routing. These features process Customer Data, including voice recordings and message content, using machine learning models.

Self-Hosted AI. Whistle's AI inference runs on dedicated infrastructure operated by Whistle. Customer Data processed by AI features is not transmitted to third-party AI service providers. AI processing occurs within the same infrastructure environment as your other Customer Data.

AI Output Accuracy. AI-generated outputs, including transcriptions, summaries, sentiment scores, and routing recommendations, are provided on an informational basis. While we strive for accuracy, AI outputs may contain errors, omissions, or inaccuracies. You should not rely on AI outputs as the sole basis for legal, medical, financial, or other consequential decisions without independent verification.

AI Unit Consumption. AI features consume usage units ("AI Units") as described in your Subscription Plan. Different AI actions consume different quantities of AI Units. Your Subscription Plan includes a monthly AI Unit allocation. Additional AI Units may be purchased as add-on packs.

Data Use for Improvement. Whistle may use de-identified and aggregated data derived from your use of the Services to improve the quality, accuracy, and performance of the AI features and the Services generally. Such aggregated data will not identify you, your Authorized Users, or your End Users. You may opt out of this use by contacting us at privacy@getwhistle.ai.

PII Redaction. Whistle provides an automatic PII redaction pipeline that can redact sensitive information (such as credit card numbers and government identification numbers) from transcripts and AI outputs before storage. You are responsible for configuring and enabling PII redaction features as appropriate for your use case and regulatory requirements.

Recording Features. The Services may include call recording capabilities. If you enable call recording, you are solely responsible for complying with all applicable laws regarding the recording of telephone conversations and other communications.

Consent Requirements. Many jurisdictions require that one or all parties to a communication consent to its recording. Requirements vary by jurisdiction and may include one-party consent, all-party consent, or notification obligations. You are solely responsible for determining the consent requirements applicable in your jurisdiction and the jurisdictions of the parties you communicate with, and for obtaining all necessary consents.

Recording Storage. Call recordings are stored in encrypted form within your Tenant and are accessible only to Authorized Users with appropriate permissions. Recordings are subject to your configured data retention policies. Default retention is ninety (90) days, which you may adjust within the limits of your Subscription Plan.

Whistle's Role. Whistle provides the technical capability for call recording. Whistle does not provide legal advice regarding recording consent requirements. You should consult with qualified legal counsel to understand your obligations.

Underlying Voice and Messaging Providers. The Services may rely on one or more underlying telecommunications carriers, voice providers, or messaging providers to deliver voice calling, PSTN connectivity, SMS/MMS delivery, phone number provisioning, and related capabilities. The specific providers used may vary based on your geographic location, Subscription Plan, and service configuration.

Provider-Specific Terms. Certain terms, including acceptable use requirements, number registration obligations, messaging throughput limits, and regulatory compliance requirements, may vary based on the underlying provider used to deliver a particular service component. Whistle will communicate any material provider-specific requirements that affect your use of the Services.

Third-Party Messaging Platforms. Integration with third-party messaging platforms (such as WhatsApp Business) is subject to the terms, policies, and acceptable use requirements of those platforms. You are responsible for complying with all applicable third-party platform terms in addition to these Terms.

Third-Party Integrations. The Services may offer integrations with third-party applications and services (such as CRM systems, collaboration tools, and automation platforms). Your use of third-party integrations is subject to the terms and privacy policies of those third parties. Whistle is not responsible for the availability, accuracy, or performance of third-party services.

No Endorsement. Whistle's integration with or use of any third-party service does not constitute an endorsement of that service.

Customer Data Ownership. You retain all right, title, and interest in your Customer Data. Whistle does not claim ownership of your Customer Data.

Data Processing. Whistle processes Customer Data solely to provide and improve the Services. Our processing of personal information is described in our Privacy Policy, available at getwhistle.ai/privacy.

Tenant Isolation. Customer Data is logically isolated within your Tenant. Whistle's architecture enforces per-tenant data separation at every layer, including databases, caching, file storage, and AI processing.

Encryption. Customer Data is encrypted in transit and at rest using industry-standard encryption protocols. Call recordings and sensitive data are encrypted with per-tenant encryption keys.

Data Retention. You may configure data retention policies within the limits of your Subscription Plan. Upon termination of your Account, Whistle will delete your Customer Data in accordance with Section 13 of these Terms.

Data Portability. You may export your Customer Data at any time through the Services or by contacting support. Whistle will provide reasonable assistance with data export requests.

Compliance. Whistle is designed to support compliance with applicable data protection laws, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and the General Data Protection Regulation (GDPR) where applicable. We make data processing agreements available upon request.

Whistle's Intellectual Property. The Services, including all software, interfaces, documentation, designs, algorithms, and models, are the intellectual property of Whistle Technologies or its licensors. These Terms do not grant you any ownership interest in the Services. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms and your Subscription Plan.

Customer Intellectual Property. Whistle does not acquire any intellectual property rights in your Customer Data, your trademarks, or your proprietary content transmitted through the Services.

Feedback. If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Whistle a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, modify, and incorporate such Feedback into the Services without obligation to you.

Brand Usage. Whistle may include your organization's name and logo in customer lists and marketing materials, subject to your standard trademark usage guidelines. You may opt out of this use by notifying us in writing.

Confidential Information. Each party may disclose confidential information to the other in connection with the Services ("Confidential Information"). Confidential Information includes, without limitation, business plans, technical data, product information, pricing, Customer Data, and any information marked as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

Obligations. The receiving party agrees to: (a) use Confidential Information only for the purposes of exercising its rights and fulfilling its obligations under these Terms; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care; and (c) not disclose Confidential Information to third parties except to employees, contractors, and advisors who need to know and who are bound by confidentiality obligations at least as protective as those in these Terms.

Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known by the receiving party before disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

Compelled Disclosure. The receiving party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the receiving party gives the disclosing party prompt written notice (where legally permitted) and reasonable assistance in seeking a protective order.

Termination by You. You may terminate your Account and these Terms at any time by providing thirty (30) days' written notice to Whistle. Termination takes effect at the end of the current billing period following the notice period.

Termination by Whistle. Whistle may terminate your Account and these Terms: (a) upon thirty (30) days' written notice for any reason or no reason; (b) immediately if you materially breach these Terms and fail to cure the breach within fifteen (15) days of receiving written notice; (c) immediately if you breach the Acceptable Use section of these Terms; or (d) immediately if you become insolvent, file for bankruptcy, or cease business operations.

Suspension. Whistle may suspend your access to the Services immediately if: (a) your Account is overdue for payment; (b) we reasonably believe your use violates these Terms or poses a security risk; (c) we are required to do so by law or regulation; or (d) your use may adversely affect the Services or other customers.

Effect of Termination. Upon termination: (a) your right to access the Services ceases immediately; (b) you remain liable for all fees incurred through the effective date of termination; (c) Whistle will retain your Customer Data for thirty (30) days following termination to allow you to export it, after which Whistle will delete your Customer Data in accordance with our data retention practices; and (d) all provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 11, 12, 14, 15, and 17.

Data Deletion. Following the thirty (30) day post-termination retention period, Whistle will initiate an asynchronous data purge of all Customer Data associated with your Tenant. Completion of the purge will be logged. Certain data may be retained longer where required by law (such as call detail records required for regulatory compliance).

Whistle's Warranty. Whistle warrants that the Services will perform materially in accordance with the applicable Documentation during the term of your Subscription Plan. If the Services do not conform to this warranty, your exclusive remedy is for Whistle to use commercially reasonable efforts to correct the non-conformity, or, if Whistle is unable to do so within a reasonable time, to terminate your Subscription Plan and provide a pro-rata refund of prepaid fees.

Your Warranty. You warrant that: (a) you have the legal authority to enter into these Terms; (b) your use of the Services will comply with all applicable laws and regulations; and (c) you will not use the Services in any manner that infringes or misappropriates the rights of any third party.

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WHISTLE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHISTLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

Emergency Services. THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE USED AS A REPLACEMENT FOR TRADITIONAL TELEPHONE SERVICE FOR EMERGENCY CALLING (E.G., 911 IN NORTH AMERICA OR 112 IN THE EU). WHILE WHISTLE MAY SUPPORT E911 FUNCTIONALITY WHERE AVAILABLE, VOIP-BASED EMERGENCY CALLING HAS INHERENT LIMITATIONS, INCLUDING POTENTIAL INACCURACY OF LOCATION INFORMATION AND DEPENDENCE ON INTERNET CONNECTIVITY AND POWER. YOU SHOULD MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES.

Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO WHISTLE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exceptions. The limitations in this section do not apply to: (a) your payment obligations under these Terms; (b) either party's indemnification obligations; (c) liability arising from a party's gross negligence or willful misconduct; or (d) your breach of the Acceptable Use section.

Basis of the Bargain. You acknowledge that Whistle has set its pricing and entered into these Terms in reliance upon the limitations of liability set forth herein, and that these limitations form an essential basis of the bargain between the parties.

Your Indemnification. You agree to indemnify, defend, and hold harmless Whistle, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your Customer Data or any content transmitted through the Services by you or your Authorized Users; (d) your failure to obtain required consents for call recording or communications monitoring; or (e) any claim by a third party related to your use of the Services.

Whistle's Indemnification. Whistle will indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claim that your authorized use of the Services infringes or misappropriates the intellectual property rights of that third party, and will pay any damages finally awarded or settlement amounts agreed to. This obligation does not apply to claims arising from: (a) your modification of the Services; (b) your combination of the Services with non-Whistle products or services; (c) your use of the Services in violation of these Terms; or (d) your continued use of a version of the Services after being notified to upgrade.

Indemnification Procedure. The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent.

Whistle may modify these Terms from time to time. We will provide at least thirty (30) days' prior written notice of material changes by email to the address associated with your Account or through the Services. Non-material changes, such as clarifications or formatting updates, may take effect immediately upon posting.

Your continued use of the Services after the effective date of a modification constitutes your acceptance of the modified Terms. If you do not agree to a material modification, you may terminate your Account in accordance with Section 13 before the modification takes effect.

The current version of these Terms is always available at getwhistle.ai/terms.

Governing Law. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto, for the resolution of any disputes arising out of or related to these Terms.

Informal Resolution. Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute informally by contacting each other through the notice provisions in these Terms. The parties will use good faith efforts to resolve any dispute within thirty (30) days of receiving notice of the dispute.

Injunctive Relief. Nothing in this section prevents either party from seeking injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

Not a Replacement for Traditional Phone Service. The Services use internet-based protocols to transmit voice communications. The Services may not support or may have limited support for emergency calling services (such as 911 in Canada and the United States or 112 in Europe). You acknowledge that the Services have inherent limitations for emergency communications, including but not limited to: dependence on internet connectivity, dependence on electrical power, potential inability to convey accurate location information to emergency dispatchers, and potential routing to different emergency call centers than a traditional landline.

E911 Compliance. Where Whistle supports E911 functionality, you are responsible for providing and maintaining accurate registered location information. Whistle is not liable for any failure or delay in connecting to emergency services.

Telecommunications Regulatory Notices. You acknowledge that the Services are subject to applicable telecommunications regulations in the jurisdictions where they are used. Regulatory requirements, including those related to number portability, caller identification, local number registration, and lawful interception, may apply to your use of the Services. Whistle will comply with lawful orders from governmental authorities as required by applicable law.

Entire Agreement. These Terms, together with any applicable order forms, the Privacy Policy, and any referenced policies, constitute the entire agreement between you and Whistle with respect to the Services and supersede all prior or contemporaneous agreements, understandings, and communications.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver. No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. A party's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights hereunder without Whistle's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all of your assets. Whistle may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

No Third-Party Beneficiaries. These Terms do not create any rights for any third party, and no third party may enforce any provision of these Terms.

Force Majeure. Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, internet or telecommunications failures, or third-party service outages.

Notices. All notices under these Terms must be in writing and will be deemed given when delivered by email (with confirmation of receipt), by nationally recognized overnight courier, or by registered or certified mail. Notices to Whistle must be sent to legal@getwhistle.ai. Notices to you will be sent to the email address associated with your Account.

Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including Canadian and U.S. export controls, and will not use the Services in any embargoed country or in violation of any applicable sanctions.

If you have questions about these Terms, please contact us:

Whistle Technologies Email: legal@getwhistle.ai Website: getwhistle.ai Support: support@getwhistle.ai Security: security@getwhistle.ai